Compliance requirements
The bidder must confirm that neither the bidder nor its management, administrative or supervisory body members or authorised representatives have, during the last five years, been convicted by a final court judgment of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or illegal employment of children or human trafficking-related offences. The bidder must also have no outstanding tax or social security payment debts; the condition states a threshold of EUR 0, while the tax authority does not issue a certificate where the tax debt is below EUR 100 or payment of the debt has been deferred.
Grounds for exclusion may also include breaches of environmental, social or labour law obligations, bankruptcy, liquidation or other insolvency proceedings, an arrangement with creditors, assets administered by a liquidator or court, suspended business activities, serious professional misconduct, anti-competitive agreements, a conflict of interest, prior involvement in preparing the procurement, material breach or early termination of a previous contract, submission of false information, failure to submit required information or documents, or improper influence on the contracting authority’s decision-making process.
The bidder must also confirm that entering into the contract would not breach international or Estonian sanctions, that no exclusion ground applies in connection with enabling the employment of an unlawfully staying foreign national, and that the bidder is entitled to submit a tender. Where an exclusion ground applies, evidence of remedial measures restoring reliability may be submitted where applicable. The names and personal identification codes of authorised persons must also be provided for verification, or the bidder must confirm that no such persons exist.
Qualification criteria and exclusion grounds
The bidder’s net turnover in the latest financial year completed by the start of the procurement must be at least EUR 100,000. Joint bidders may add their turnover figures together. At the contracting authority’s request, the bidder must submit an extract from the annual report or another document proving the turnover, unless the information concerning an entity registered in Estonia is publicly available to the contracting authority through a database.
During the 36 months preceding the publication of the procurement, the bidder must have completed at least one contract for the maintenance or operation of street lighting and/or traffic lights on publicly used roads. The contract must have had a value of at least EUR 50,000 excluding VAT. The bidder must provide details of the contract, including its value, performance period, client and the bidder’s area of responsibility. At the contracting authority’s request, the bidder must submit the client’s confirmation of the contract performance, duration and value excluding VAT.
If the bidder relies on another entity’s resources, it must also submit that entity’s ESPD. For turnover, the other entity must confirm the permitted turnover amount, the provision of the necessary financial resources and joint and several liability for the relevant part of the contract. For technical and professional capacity, the other entity must confirm the use of its capacity and its direct participation in performing the contract at least to the extent to which its capacity is relied upon.
The bidder must confirm acceptance of the conditions set out in the contract notice and tender documents. All payment item prices in the cost schedule must be completed; the listed items, names, descriptions, parameters, units of measurement, quantities and other information provided by the contracting authority may not be changed or deleted. Prices must be stated in euros to two decimal places, and the completed cost schedule must be submitted as the Excel file required by the tender documents. In the case of a joint tender, a power of attorney for the representative of the joint bidders and a separate ESPD for each joint bidder must be submitted.